PIP Appeal advice please

UKTigerlily

Hi all,


I have recently been moved from DLA to PIP, have done an MR as I disagreed with the award of Standard care and felt it should be Enhanced. The decision hasn't changed (as expected) at MR, so I now need to appeal.


I was awarded 11 points, and needed 12 for the enhanced rate. Mobility I got standard & agree with that, and the length of the award.


I understand I need to get help, and will contact CAB tomorrow as it was closed when I called today. I'm not sure what more can be said really, but need the Enhanced rate as my treatment would cost £90 a week, and it will be paying for that, and I believe 100% it should've been Enhanced.


Do I need to get more medical evidence? My Psychiatrist wrote a very clear letter, but he leaves this month (not sure of the date), and it will be a Locum until they appoint a new Consultant, and i've no idea when that will be. My GP is on leave for a long time, and I rarely saw her for mental health


It seems so obvious that the award wasn't correct, but how to say anything else about it I really don't know

beastra

Firstly well done for coming to PIP from DLA. I only got standard mobility in PIP from higher on DLA.


At my last medical the lady was nice but not on the report. My mum came with me and the nurse lied and said she did not.


They then awarded me standard mobility and standard daily care (from Enhanced daily care). I sent an MR and it was returned with no change.


I then thought well appeal why not after the lies in the report. You can now appeal online with no need to send anything by post.


I appealed online and filled in as much as I could. They gave the DWP 28 days to reply. Well you can guess they did not. Monday 29th April was their last day. On Wednesday I got an email and text from the appeal courts to say my appeal has been closed in my favour.


I called the DWP to be told they have now given me enhanced daily care and enhanced mobility. Also a payback from January for what I've lost.


I am so glad at last.


So do it and stay strong.

poppy12345

UKTigerlily wrote: »

Hi all,


I have recently been moved from DLA to PIP, have done an MR as I disagreed with the award of Standard care and felt it should be Enhanced. The decision hasn't changed (as expected) at MR, so I now need to appeal.


I was awarded 11 points, and needed 12 for the enhanced rate. Mobility I got standard & agree with that, and the length of the award.


I understand I need to get help, and will contact CAB tomorrow as it was closed when I called today. I'm not sure what more can be said really, but need the Enhanced rate as my treatment would cost £90 a week, and it will be paying for that, and I believe 100% it should've been Enhanced.


Do I need to get more medical evidence? My Psychiatrist wrote a very clear letter, but he leaves this month (not sure of the date), and it will be a Locum until they appoint a new Consultant, and i've no idea when that will be. My GP is on leave for a long time, and I rarely saw her for mental health


It seems so obvious that the award wasn't correct, but how to say anything else about it I really don't know

You don't have to get more evidence but if you do decide to send more you'll have plenty of time, waiting lists are huge across most of that country and some are waiting about a year. All you need to do for now is request the Tribunal.

poppy12345

beastra wrote: »

I appealed online and filled in as much as I could. They gave the DWP 28 days to reply. Well you can guess they did not. Monday 29th April was their last day. On Wednesday I got an email and text from the appeal courts to say my appeal has been closed in my favour.

Really? I must admit i've never heard of HMCTS "closing" an appeal because DWP didn't respond.

calcotti

poppy12345 wrote: »

Really? I must admit i've never heard of HMCTS "closing" an appeal because DWP didn't respond.

I think this may be a case where the DWP have revised the award prior to the appeal process being completed. As soon as the DWP revise an award the appeal lapses (although the claimant is at liberty to appeal the revised decision if they are still not happy).

Occasionally this does happen - someone preparing the appeal response has actually triggered a review of the case and a revised decision.

UKTigerlily

Thanks everyone, I didn't know I could do this online, so that is a huge help and something I will be doing right now!

calcotti

UKTigerlily wrote: »

Thanks everyone, I didn't know I could do this online, so that is a huge help and something I will be doing right now!

Be prepared for a long wait for the tribunal hearing. Waiting times in parts of the country have gone up to 12 months. If you are ultimately successful you will be paid arrears but obviously that doesn’t help your finances in the immediate future.

You have an option to have the appeal decided on papers or at a hearing. Success rates are higher for those attending a hearing, the reason given for many decisions is the testimony provided to the tribunal by the claimant in person.

Alice_Holt

calcotti wrote: »

You have an option to have the appeal decided on papers or at a hearing. Success rates are higher for those attending a hearing, the reason given for many decisions is the testimony provided to the tribunal by the claimant in person.

Also if the claimant doesn't submit robust written evidence for their paper hearing, the tribunal panel will have just the (disputed) DWP evidence bundle in front of them.

kingfisherblue

Firstly, have you read the descriptors? Can you see where you should have scored more points, but didn't? You are likely to have to provide evidence of your care needs in relation to the descriptors.

UKTigerlily

kingfisherblue wrote: »

Firstly, have you read the descriptors? Can you see where you should have scored more points, but didn't? You are likely to have to provide evidence of your care needs in relation to the descriptors.

There are two areas, but one isn't that strong for evidence so I only went for the other, about interacting with people, and that it shouldn't be B Needs prompting to do so, but D, causes overwhelming psychological distress


I have medication only taken as and when needed (antipsychotics prescribed by a Consultant Psychiatrist for Borderline Personality), I have a letter stating interactions caused by my illness (BPD, as am also Bipolar), can lead to significant self harm, lots of things.



I don't know what else I can say, I sent a 5 page letter with many examples of how the slightest thing will escalate (confirmed by Psychiatrist), how I won't be with anyone due to it & haven't been in 15 years, how i've reacted to endless interactions.


I know they don't go on diagnosis, but the hallmark of BPD is intense emotions & 'overreacting' to things & psychological distress. I just don't know how to prove it